보금자리주택제도의 법적 문제-주택지구지정․보상과 인근주택가격결정의 문제를 중심으로-

A State shall bear the responsibility to guarantee the basic rights of the people as far as possible according to Constitution §10 and §37 ③. Because land property rights, unlike other property, have a strong social constraints, for land property in accordance with Constitution §37 ③ just compensation shall be made. Based on the just compensation, national housing development policies by Constitution §35 ③ should be established and conducted to minimize the impacts on the land owner and the winner's nest house. Thus, the state can not be such contradictory behavior as in one hand to set development restriction zone for reasons of conservation area, on the other hand to set free the limit because of the development of nest housing policy. When calculating the amount of compensation to the development restricted land, it should be considered that the restriction is releasesed owing to no worth preserving the land against an ‘Profit analysis order’, furthermore, that the calculating the amount of compensation is underestimated, because the basic date of compensation is putted from a designated day of nest housing zone to a day of resident announcement. Of course the policy objective to provide cheaper nest house than nearby house is achieved at the expense of land owners and nest house winners, but it sall be against a cirtical and basic responsibility of a state. To solve this problem, every development restricted zones should be reviewed whether the ristriction is profitable through the general plan of comptent privance, city, county and ward by「The Act with regard to the planning and land use」§23 a five years.